logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.04.02 2015고단299
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2014, the Defendant was unable to break up about 20 minutes even though he got in a restaurant located in Seoul Special Metropolitan City, Nowon-gu to drink and return home after drinking, and arrived at a destination.

B requested F to assist a police officer belonging to the Seoul Gangseo-gu Seoul Metropolitan Government police station in moving a taxi to the E zone in Gangseo-gu Seoul Metropolitan Government Police station.

At around 22:10 on the same day, the Defendant committed assault, such as destroying the Defendant’s body which was divingd on the rear seat of the said taxi and wearing a uniform when he knew that he was performing his official duties in order to assist the Defendant’s returning home, on the front side of the said taxi, the Defendant, despite being aware of the fact that he was performing his duties, was able to do so three times by her knick, and her knife F’s face, and her knife F’s knife F’s knife, even after her getting off the taxi

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order and crime prevention.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. The Defendant asserts that the Defendant’s argument on the B’s written statement was in a mental and physical state by asserting that he was under the influence of alcohol at the time of the instant case.

However, according to the evidence duly admitted and examined, although the defendant was in a certain state of drinking at the time of the instant case, he did not have the ability to discern things or make decisions.

Therefore, the defendant's above assertion is not accepted.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. Grounds for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The basic area of obstruction of performance of official duties: From six months to one year and four months [Special Convicts] mitigation factors (in a case where the degree of violence is minor), mitigation is made according to mitigation factors.

arrow